2019 (2) TMI 119

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....R O. NIZAM AND SRI. SREEJITH R. NAIR For The Respondent : SRI CHRISTOPHER ABRAHAM, SC JUDGMENT Vinod Chandran, J. The appeal arises from the judgment of the learned Single Judge, wherein there was a condition imposed for payment of 20% of the total demand as per an order under Section 263 of the Income Tax Act, 1961 (for brevity "the Act"). The petitioner has a monopoly insofar as sale of In....

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....ever, the Principal Commissioner, relying on Ext.P7 Office Memorandum, issued an order at Ext.P6, wherein 20% of the demand was directed to be paid. 3. The appellant has a contention that the order under Section 263 specifically directed appropriate opportunity to be granted and disallowance could materialise only after that. There is a procedure contemplated of a hearing by the Assessing Officer....

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.... There is also a requirement for a demand to be raised after such disallowance is carried out by the Assessing Officer. In such circumstances, we are of the opinion that there could be no condition imposed for the period in which the appeal against Section 263 order is pending before the Tribunal. We, hence, delete the direction insofar as the condition imposed for not proceeding with the recovery....